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There's a "what would I do in this circumstance" element, of which each individual can say what they may or may not have done in response to someone sexually gratifying themselves outside of their 10 y.o. daughter's window.

However, regarding what the Texas Penal Code says may be allowed would need to be broken down into different categories:

Peeping Tom masturbating outside 10 y.o. girls window = Texas State Jail Felony. The sexual gratification element & victim under age of 14 y.o. elevates the Voyeurism charge from a Class C Misdemeanor up to a State Jail Felony (1). TPC allows for a citizens arrest when a felony or 'breach of the peace' is committed in a citizen's presence (2) (3). So, I would opine the parents had legal justification to apprehend this morally/mentally sick person until law enforcement arrived. Had the parents broke contact with the perp, then regained contact, this may had not been the case when he crossed the street to the Valero gas station. I'm not a lawyer, so I don't have relevant case law & research assistants at my disposal.

(Deadly Force wouldn't have been necessarily justified at this point, unless to prevent a sexual assault, or if he had attempted to unlawfully and with force enter the home / remove the daughter from the home, or any of the other justifications covered under Chapter 9 of the TPC for self defense/defense of others/defense of property. However, the parents presentation of handguns may have been allowed as justifiable use of force under TPC 9.04, and not legally viewed as 'deadly force' (4).

If the parents still had legal justification to detain the sexual deviant at the gas station while waiting for police to arrive, I don't see the deviant having a legal justification for disarming the mother & pointing the gun at her. At this point, I see the father's use of deadly force fully justified under TPC 9.32/9.33.

But again, I'm not a lawyer, and the Harris Co prosecutor may have a different view on parents vs sexual predators.

Tactically, I would say there may be lessons to be learned. However, I'm not going to throw stones. The end state was successful in protection of the child, & apprehension of the perp.


(1). https://codes.findlaw.com/tx/penal-code ... 21-17.html

(2). https://statutes.capitol.texas.gov/Docs ... /CR.14.htm

(3). https://codes.findlaw.com/tx/penal-code ... -9-51.html

(4). https://codes.findlaw.com/tx/penal-code ... -9-04.html